Class Decertification Stands In Pa. Neurontin Suit

Law360, New York (January 20, 2010, 3:51 PM EST) -- A Pennsylvania appeals court has affirmed a state court's decision to decertify a class action accusing Pfizer Inc. of marketing its blockbuster epilepsy drug Neurontin for off-label uses, but has restored a dismissed breach of warranty claim in the case.

A three-judge panel in the Superior Court of Pennsylvania on Tuesday ruled that the Philadelphia County Court of Common Pleas correctly decertfied a class of Pennsylvania Neurontin purchasers because the plaintiffs failed to meet commonality and typicality requirements, but found that the court erred in concurrently...
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